Month: November 2011

According to a study conducted in the Canadian Medical Association Journal the use of the anti-smoking drug Chantix has been linked to an increased risk of heart attacks and stroke by up to 72%. The authors of the study suggest the risk of using Chantix may outweigh the benefits recommending those trying to stop smoking to find another alternative.

Commentary
This is a troublesome study as the Food and Drug Administration in 2008 and 2009 linked use of the drug to neuropsychiatric issues like agitation depressed mood and suicide. While mood swings may be commonplace when taking a medication like this heart risks and suicide are not. Drug injury claims are somewhat like food injury claims in that low levels of nausea or other minor side effects are probably not going to produce the damages that warrant the costs of a suit. However serious illness and even death are well beyond the threshold for filing a claim. At the very least these effects warrant an investigation into establishing a link between the injury and the use of the drug. If a link is determined there may be standing for a claim against a manufacturer in a product liability motion.

Texas Drug Injury Attorney Michael Grossman

According to the Food and Drug Administration the manufacturer Giant Eagle was informed of a positive test for listeria in a random sample of shredded iceberg lettuce. The company has issued a recall on all packages of lettuce with a use date of October 14 2011. Additionally the lettuce was used in pre-made deli sandwiches all bearing the name of Giant Eagle.

Commentary
The manufacturer has noted that no injuries have occurred from their product. This is in response to the listeria outbreak from a Jensen Farms facility in Colorado. The disease can affect anyone but is particularly dangerous to young children the elderly and those with weakened immunities.
Typically food injuries like nausea do not produce enough damages to warrant filing a claim against a manufacturer. Court costs and fees will usually add up to much higher than what a stomachache produced. However a hospitalization or fatality from consuming food is certainly different and definitely warrant looking into a possible claim against a company.

Texas Food Injury Attorney Michael Grossman

According to a study published in the American Journal of Gastroenterology a link has been discovered between the acne medication Accutane and severe side-effects like inflammatory bowel disease and Crohns disease. Additionally by 2000 the Food and Drug Administration established links to 147 cases of suicide associated with the use of the medication which forced the manufacturer to update warning labels on the product.

Commentary
The product was pulled from the market in June of 2009 yet as with many removed products injuries continued. An estimated 5000 suits have been filed against the manufacturer of Accutane Roche Pharmaceuticals because of the side-effects.
When an injury occurs from the suspected use of a medication a meticulous investigation is needed to solidify this link. Drug companies employ very aggressive defense attorneys whose only job is to shift liability away from their clients product. However in an injury from a medication like this where thousands of suits have been filed liability is difficult to skirt as injuries have already been established.

Texas Drug Injury Attorney Michael Grossman

According to a study conducted by an insurance industry safety group more than half of childrens car booster seats do not properly fit seat belts. The Insurance Institute for Highway Safety notes the importance of a seat that properly fits an adult safety belt or risk of injury in an accident increases. Engineers evaluated 62 booster seats and found half to be of an insufficient height.

Commentary
Anything associated with an increased risk of injury in a car accident should be heeded especially with regards to children. When a safety belt sags on a childs chest or on the flip side is too tight around the childs neck the chance of injury in a wreck increases.
When an injury occurs because of a suspected defect in a product an investigation must be employed to link that injury with the products use. This can be a difficult assessment as minor injuries can often be attributed to other causes.

Texas Product Liability Attorney Michael Grossman

According to local news reports 13 family members were injured in a hayride collision with a suspected drunk driver in Oak Grove Missouri. The accident occurred around 8:30 p.m. Saturday October 8 when Missouri Highway Patrol believe 27-year-old Kaylon Childers was intoxicated when hit struck the wagon. All 13 occupants of the wagon were taken to local hospitals with 2 young children severely injured. One adult family member underwent surgery Monday October 10.

Site of the Accident

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Commentary
It is amazing only injuries occurred from this terrible accident. Other news reports state the wagon was reduced to shreds following impact. When a driver is suspected of operating under the influence of alcohol an independent investigation is needed to examine exterior contingencies to the accident scene. If the Missouri police confirm the intoxication other parties including the driver could be liable in this accident.
Missouri has in place limited dram shop laws that could find a bar or restaurant partially liable in an accident if an intoxicated patron was found to be over-served there. A guest must be served past the point of visible intoxication which places partial fault on the establishment as they have broken the rules regarding liquor service. The laws in no way remove fault from a driver as they still face both criminal and civil claims but rather identifies one of the leading causes in alcohol-related accidents.

Texas Personal Injury Attorney Michael Grossman

According to the U.S. Consumer Product Safety Commission Marshall Group has issued a recall on PatioGlo Bio-Fuel Gel bottles. The pourable gel can ignite unexpectedly even when the consumer does not see a flame. The bottles pose a serious burn risk because of the defect. The model numbers in question are the PG-32 and PGC-32 (Citronella) and were sold nationwide. Marshall Group can be contacted at (855) 270-8482.

Commentary
The recall notes 4 separate incidents involving burns from the product 3 of which required hospitalization. This recall forms a larger recall of pourable gel fuels issued a few weeks ago with the same hazard.
When a manufacturer determines a defect in one of their products a recall is typically issued in an effort to mitigate liability. However often the product stays in the consumers hand creating a potential for injury. If an injury occurs from the use of a defective product a third party investigation is needed to corroborate the products use with the injury in question. Manufacturers could be held liable if a link is established.

Texas Product Liability Attorney Michael Grossman

According to a new study published in the medical journal Cancer researchers have found an increased risk of diabetes in women who took the breast cancer drug tamoxifen. The study was conducted on more than 14000 women and found those who were taking Tamoxifen experienced a 24% greater risk of diagnosis.

Commentary
These findings come on the heels of a study published last year that found a link between Tamoxifen and a hampering of cognitive abilities. It has also been discovered that the much-discussed use of selective serotonin reuptake inhibitors (SSRIs) like Paxil can negate the positive effects of Tamoxifen rendering the drug useless when taken together.
When an injury occurs from the suspected use of a medication a detailed and thorough investigation is needed to verify the link with consumption. If a link is established a drug injury claim proceeds much like a personal injury claim as a manufacturer has breached the reasonable expectation consumers had regarding their production of a safe product. A successful claim can compensate a victim in damages like medical bills lost wages or pain and suffering.

Texas Drug Injury Attorney Michael Grossman

According to local news reports a man was critically injured following a two-car accident on Interstate 27 in Amarillo Texas. The wreck occurred around 2:45 p.m. when a black sedan and a pickup were traveling westbound on the interstate when one of the cars veered into the others lane. The accident caused the pickup to travel off the interstate down an embankment and turn on its roof. The pickup truck driver was taken to a local hospital with what are thought to be life-threatening injuries. The driver of the sedan was uninjured. The victims name has not been identified pending investigation.

Site of the Accident

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Commentary
Other news reports indicate the man suffered critical injuries but was lucid when responders took him to the hospital. Lets hope everything turns out fine. In collaboration with the police examination an independent investigation is needed to make a liability determination. Traveling at higher speeds down an interstate cars that drift even slightly into another cars territory can produce catastrophic consequences.
If the investigation determines fault on behalf of the other driver (inattention texting speeding etc.) there could be standing for a personal injury claim here. Plaintiffs must prove a liable party was the proximate cause of their injury for a claim to commence.  This states that the other partys actions or inaction directly led to the accident. As you can see this is very contingent upon a proper investigation as scene reconstruction is essential. Once liability is determined a damages calculation is made for recovery possibilities. These are defined as monetary loss as a result of the accident and could manifest themselves much later than the direct aftermath of the incident like rehabilitation. Other damages could be issues like pain and suffering physical disability or loss of consortium. The final element in recovery is having a solvent defendant who has the means to reimburse a victim. Without any of these elements chances are a personal injury claim cannot continue.

Amarillo Personal Injury Attorney Michael Grossman

According to KXAN a man was injured after he fell from a 30-foot Cap Metro train bridge in Austin Texas. The accident happened Monday evening October 10 when the 64-year-old man fell from what EMS officials believe to be turbulence from a train. The unidentified male victim was taken to Round Rock Hospital with multiple leg fractures.

Site of the Accident

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Commentary
Before I begin any commentary let me say I hope the man experiences a full recovery from the accident. An independent investigation is needed to examine the bridge the reported accident occurred at including railing heights and structural integrity.
I find it interesting the EMS cites a potential cause as turbulence from another train near the bridge. I dont claim to be a structural engineer but even the suggestion that the bridge is inadequate for pedestrians when a train is nearby requires an in-depth look at its integrity.
When many read of an accident most assume liability is incurred by firsthand parties at the scene. Certainly this is common but liability can extol itself in the form of third parties as well. For example say an investigation and police report finds a bridge unsuitable for pedestrian travel. Could a city be liable for keeping the bridge open? Or could an engineer or construction company be found liable for faulty design or poor assembly. The answer is maybe to both. Proof is a burden placed on the plaintiff which shows the necessity for a proper investigation. If a third party is identified damages like medical bills and pain and suffering could possibly be recovered.

Austin Personal Injury Attorney Michael Grossman

In cooperation with the U.S. Consumer Product Safety Commission B.O.B. Trailers has issued a recall on single and double strollers for a choking hazard from the products embroidered backing. The manufacturer has reported 6 separate incidents of children gagging and choking from the detached backing patch. B.O.B. can be contacted at (855) 242-2245.

Commentary
This recall targets roughly 412000 strollers sold nationwide at REI Babies R Us and other childrens stores as well as Amazon.com. A recalled is issued when a defect is discovered in a product that could lead to injury. In the 6 reported incidents parents caught the choking before injury occurred but the danger certainly exists.
A claim against a manufacturer requires a third party investigation to link a products defective design or manufacturing with the incurred injury. Once a link is found a product liability claim takes on many of the same aspects as a personal injury claim as a consumers reasonable expectation of using a safe product has been breached.

Texas Product Liability Attorney Michael Grossman